Partition -- Documents under consideration are not Will Deeds where any and all suspicious circumstances are required to be dispelled by the propounder - The documents in question are Gift Deeds - All that law requires is proof of the same in terms of Section 68 of the Evidence Act - There has been misreading of the evidence by the trial court - On a totality of the..........
Negotiable Instruments Act, 1881, Section 4, 118, Evidence Act, 1872, Section 102 -- Promissory note - Consideration - Burden of proof - Burden lies on defendant to prove non-existence of consideration by bringing on record such facts and circumstances which would lead Court to believe non-existence of consideration - However, if the defendant discharges the onus of proof..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
Utilization of land -- Voluntary surrender of land - Burden of proof - Land is utilized for road to be owned by Panchayat/Municipality - Panchayat/Municipality is the beneficiary and stand is taken by Panchayat that it was a voluntarily surrender of rights for no consideration - Burden would be on Panchayat to establish such voluntarily surrender - Division Bench..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No specific averments in complaint with regard to cheating - Even, there are no specific proof in support of said allegations made in complaint - Allegations made in complaint are bald and baseless - Complainant also filed a civil suit for recovery of amount and..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Burden of proof - Once plaintiff proves execution of pronote by adducing acceptable evidence, burden shifts on to defendant to prove that pronote was not supported by consideration...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Burden of proof - Once statutory presumption is raised, onus of proving absence of consideration is on the executant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - When a cheque is drawn out and is relied upon by drawee, it will raise a presumption that it is drawn towards a consideration which is a legally recoverable amount - Such presumption is rebuttable by proving to contrary - Onus is on accused to raise a probable..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - S.139 of the Act reveals that there is mandate of presumption of existence of liability and upon proof of issuance of cheque the onus shifts to the accused to rebut the presumption that the cheque was issued not for discharge of any debt or liability in terms of S.138 of the Act - In..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Claim that suit property be preserved and protected during pendency of suit and restraining defendant from alienating, selling, disposing, encumbering or changing nature of suit land - Plaintiff claiming to be present in the office of Sub Registrar with..........
